In order to prevail on (his/her)
claim of fraudulent/intentional misrepresentation the plaintiff must prove
1) that the defendant made a false representation as a statement of fact, 2)
the statement was untrue and the defendant knew it was untrue, 3) the
defendant made the false statement in order to induce the plaintiff to rely
on the false statement, and 4) the plaintiff did rely on the false statement
to (his/her) detriment.

The plaintiff must prove the first
three elements by clear and convincing evidence. (He/she) must prove the
fourth element by a preponderance of the evidence.